Last Update: July NO 2015

BY PARTICIPATING IN THE PROGRAM YOU AGREE TO ACCEPT ALL VERSIONS OF THE PROGRAM TERMS AND CONDITIONS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY POLICY.

THE MERRY JANE REWARDS TERMS AND CONDITIONS

As of April 1st, 2021

THESE TERMS AND CONDITIONS (“MERRY JANE REWARDS TERMS AND CONDITIONS”) INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW. IF YOU CHOOSE TO PARTICIPATE IN THE MERRY JANE REWARDS, THESE TERMS AND CONDITIONS FORM A BINDING CONTRACT BETWEEN YOU AND GOOD LEAF PRODUCTIONS, LLC (“MERRY JANE”). BY PARTICIPATING IN THE PROGRAM YOU AGREE TO ACCEPT THESE MERRY JANE REWARDS TERMS AND CONDITIONS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY POLICY, WHICH IS INCORPORATED INTO, AND PART OF THIS CONTRACT. THE MERRY JANE PRIVACY POLICY DESCRIBES HOW WE COLLECT, USE, AND SHARE INFORMATION. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER WE MAKE CHANGES TO THE PROGRAM OR TO THESE TERMS AND CONDITIONS SIGNIFIES YOUR ACCEPTANCE OF SUCH CHANGES. MERRY JANE RESERVES THE RIGHT TO UPDATE OR MODIFY THESE MERRY JANE REWARDS TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE. THOSE CHANGES WILL GO INTO EFFECT ON THE LAST UPDATED DATE SHOWN IN THE REVISED MERRY JANE REWARDS TERMS AND CONDITIONS. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE MERRY JANE REWARDS TERMS AND CONDITIONS WHENEVER YOU VISIT OUR WEBSITE.

The MERRY JANE REWARDS Member Program (the “Program“) is offered exclusively by MERRY JANE (also referred to as “we,” “our,” or “us”). Members (also referred to as “you,” “your,” and inclusive of “Cardmember”) participating in the Program agree to be bound by these MERRY JANE REWARDS Terms and Conditions (“Program Rules“), as they may change from time to time. 

These Program Rules supersede all previous terms and conditions applicable to the Program. All Program benefits, offers, rewards, and services are subject to availability. Except as otherwise expressly prohibited or limited by applicable laws, MERRY JANE may at any time amend, modify, supplement, or terminate the Program, these Program Rules, the structure for earning rewards, or reward tiers even though such changes may affect the value of rewards, or the ability to obtain certain rewards. If notice of such action is required by law, it will be provided in accordance with such laws. If the Program is terminated, all unredeemed benefits will be forfeited without any obligation or liability and will not be honored upon termination or after the conclusion of the notice period, if any notice is required by law. In all matters relating to the administration of the Program, the decisions of MERRY JANE will be final. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other cases beyond our reasonable control. 

We reserve the right to cancel or suspend your participation in the Program in the event of fraud, abuse of rewards privileges, violation of these Program Rules or any applicable laws, or at our discretion. Any rewards points or rewards in the account will become void at the time of cancellation. We may revoke some or all of your points or rewards if we determine that you received points or rewards due to an error, through fraud or deception, or in any manner not authorized.

Members are responsible for reading, understanding, and remaining knowledgeable of the Program Rules, any program rule changes, account statements, available benefits and rewards, the MERRY JANE Privacy Policy, and other communications from MERRY JANE in order to understand your rights, responsibilities, and status in the Program. If a member has questions about the Program or these Program Rules, the member should contact Customer Service at support@merryjane.com.

Members are responsible for any tax liability related to participation in the Program.

JOINING THE MERRY JANE REWARDS

Eligibility and Enrollment

Corporations, groups, and associations are not eligible to participate in the Program.

An individual may enroll in the Program by fully and accurately providing applicable information on the MERRY JANE website or through other channel(s), if available. MERRY JANE may deny membership in the Program to any enrollee in its sole discretion and without written notice. The Program points and rewards are nontransferable unless expressly stated otherwise. Any such attempt to transfer or assign shall be null and void. Upon the death of a member, the member’s account will be closed and any benefits or rewards in the account will be forfeited.

Privacy

Personal information that you provide to MERRY JANE in connection with the Program will be handled in accordance with MERRY JANE’s Privacy Policy, available at https://merryjane.com/company/privacy. When you enroll in the Program and provide us your email address, you are opting-in to receiving marketing emails from us. You may change your marketing email preferences at any time by clicking on the link found at the bottom of our marketing emails. You will, however, continue to receive transactional messages from us regarding the Program.

Additionally, unless you use your MERRY JANE credit or debit card for purchases, your mobile phone number is your unique membership identifier and must be provided at Checkout in order to earn points on eligible purchases. Because we use your mobile number and email address to identify you as a member and to notify you of Program benefits, you must ensure that both are accurate and current.

Verifying your mobile number requires the receipt of and response to an automated text message to the mobile number you provided at the time of Program enrollment. If you consent, MERRY JANE and its affiliates and service providers may also use your mobile number to text you, and make autodialed/prerecorded calls, including to manage and service your MERRY JANE account per the terms of your account agreement. In such circumstances, standard messaging and data rates may apply. Consenting is not required to make a purchase.

Membership

GENERAL PROGRAM MEMBERSHIP: Membership in the Program is available to any United States resident who is eighteen (18) years old and provides valid and accurate personal information when enrolling. Participation in a separate and unique credit or debit card program is not required for a general membership. Once enrolled into the Program, you will enter at the MEMBER status tier and are entitled to the rewards and benefits of membership as set out herein or in promotional materials. See below for more details on unlocking status tiers.

EMPLOYEES: MERRY JANE employees are eligible to participate in the Program with limitations. Employees are not eligible to participate in promotional offers or receive benefits specifically associated with any status tier greater than SEED status. Purchases made by MERRY JANE employees or eligible family members of MERRY JANE employees while using their employee discount are not eligible for bonus points. 

MEMBERSHIP STATUS TIERS: Upon reaching certain milestones, members will unlock higher membership status tiers with additional benefits and rewards based on the net value of purchases (“Net Point Balance” or “NPB”) made in store and online at MERRY JANE (collectively referred to as “MERRY JANE locations”). Each tier is unlocked once the minimum Net Point Balance is reached as set out below. The Net Point Balance is the point amount after returns, discounts, taxes, and any amounts redeemed in MERRY JANE Rewards.

  • SEED – no minimum NPB
  • ROOTS – minimum NPB of 1000 Points at MERRY JANE locations
  • SAPLING – minimum NPB of 2,000 Points at MERRY JANE locations
  • LEAVES – minimum NPB of 7,500 Points at MERRY JANE locations
  • FOLIAGE – minimum NPB of 20,000 Points at MERRY JANE locations
  • FLOWERS – minimum NPB of 100,000 Points at MERRY JANE locations
  • MERRY – minimum NPB of 1,000,000 Points at MERRY JANE locations

Members must make a purchase to increase their NPB once every 12 months or their NPB will be reset to zero. Members will be reset to the SEED tier if they do not make a purchase to increase their NPB once every 6 months. As new milestones are attained, members will unlock higher status tiers. If, during a calendar year, the member does not reach the minimum NPB milestone associated with the status at which they entered the new calendar year, at the end of that calendar year, the status tier will revert to the status appropriate for the actual NPB maintained.

Benefits of Membership

Members will receive exclusive benefits in the form of rewards, such as MERRY JANE REWARDS points (“points”), services, and event access. Generally, communication regarding the Program, your Program account, benefits, and promotions will be sent via email. Because Program communications are generally sent via email, you are responsible for ensuring we have the most recent and accurate email. MERRY JANE is not responsible for communications, offers, or rewards sent to out-of-date email addresses.

Earn Points

To receive points, you must self-identify when making a purchase in store or online at a MERRY JANE Location by logging into your MERRY JANE account.

BASE POINTS: As set out in Table A below, based on your status tier and membership category, you will receive a designated number of points for every $1 of qualifying net spend. Some exclusions apply and certain products and services do not qualify for the benefit.

BONUS POINTS: From time to time, MERRY JANE will offer the opportunity to earn bonus points. The promotional materials may identify additional qualifying events, exclusions, and restrictions. Certain locations, brands, and products may be excluded and/or limit promotional bonus points opportunities. Generally, you will be notified of any bonus point promotions by email.

CALCULATION OF POINTS: Points are calculated based on the net purchase amount of qualifying spend rounded to the nearest dollar. Certain products and services do not qualify as spend and will be determined by MERRY JANE. Other exclusions may apply from time to time during special promotions. The net purchase amount is the spend amount after returns, discounts, taxes, and any amounts redeemed. Spending of gift cards will not count as a purchase, only the original purchaser of the gift card will earn points for the gift card amount.

Points cannot be purchased and are not transferable.

Points received for items that are returned will be deducted from your points balance at the time of the return. If any deduction puts the Program account into a 0 or less points balance, the remaining difference will be deducted from the refunded money or gift card credit at $0.01 per point.

EXPIRATION: All points will expire after a Program account has had no purchase activity for twelve (12) consecutive months.

Table A

Once a tier is reached, a member can start earning points with the additional multiplier effect for every dollar spent as long as they remain in the tier.

TierSEEDROOTSSAPLINGLEAVESFOLIAGEFLOWERSMERRY
Multiplier1X2X3X4X5X6X7X

Point Redemption

Points can be redeemed for rewards once logged into your MERRY JANE account.
When you redeem points for a Reward, the number of points for the reward will be deducted from your account. Restrictions apply as set out herein and in promotional materials.

MERRY JANE points may not be used as payment for the purchase of any good or service.

There are a limited number of each reward available and there is no guarantee that the reward will be available when required point balances are earned. As some rewards are experiential and have time constraints and/or location constraints, members must have the ability to attend these rewards before they redeem points for the reward. Only if stated in the reward, will any transportation or accommodations be provided for the reward. Rewards are not transferable and are not refundable.

All dollar amounts referred to in these Program rules are in U.S. Dollars.

IMPORTANT NOTE: Points have no cash value and cannot be exchanged for cash or credit. You have no ownership interest in points, and points collected do not constitute property. The use of the word “earn” or similar language in marketing materials in relation to the Program does not imply that the points have any value prior to conversion or redemption. Points may not be purchased or sold and are not transferable except as otherwise stated herein.

Personal Double Points Days

The Personal Double Points Day allows eligible members to select a day to earn double points on all qualifying net purchases such as your birthday. Some restrictions apply to the day you may choose. For example, you may not combine your Personal Double Points Day with any other bonus points event.

Other restrictions or brand exclusions may apply for special promotions and offers as identified in the promotional materials. MERRY JANE employees and qualifying family members are not eligible for the Personal Double Points Days benefit.

Additional Terms of Participation

Severability

If any provision of these Program Rules or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Program Rules and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

No Waiver

MERRY JANE’s failure to insist upon or enforce strict compliance with any provision of these Program Rules shall not be construed as a waiver of any provision or right and will not prevent us from enforcing such right or provision in the future. Nothing in these Program Rules will limit MERRY JANE from exercising any legal rights or remedies that it may have.

Headings

The headings for each of these Program Rules are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Program Rules.

Complete Understanding

These Program Rules and the Privacy Policy referenced herein constitute the entire understanding between you and MERRY JANE with respect to the Program.

Errors or Inconsistencies

Despite our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time even if it affects pending, past, or current benefits, rewards, points in your account. In the event of any inconsistency or discrepancy between the Program Rules or other statements contained in any related materials or advertising, the terms of the then-current Program Rules shall prevail, govern, and control.

Limitations of Liability and Damages

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PROGRAM AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. MERRY JANE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. MERRY JANE DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.

YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. NEITHER MERRY JANE NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MERRY JANE, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE MERRY JANE REWARDS TERMS AND CONDITIONS.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the lesser of (a) the amount paid by you for your participation in the Program during the prior twelve (12) months or (b) ten dollars ($10). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

We may assign our rights and obligations under these Program Rules, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

These Program Rules are governed by the laws of the State of California, without regard to any conflict of law provisions. Any action relating to the Program or any transaction with MERRY JANE must be brought in the state or federal courts located in Los Angeles, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

Please contact our Service Center at support@merryjane.com if you have a dispute regarding the Program.

Arbitration

In the event that our customer service team is unable to resolve your concern, by participating in the Program, you unconditionally agree that, except as set forth below, all claims, controversies, or disputes between you and us (including any claim, controversy, or dispute between you and a third-party agent of MERRY JANE) will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes relating to your participation in this Program and access or use of our Site and any products or services purchased from MERRY JANE through our Site or stores. The sole exception to the foregoing requirement to arbitrate is that either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and advances only on an individual (non-class, non-representative basis). The Federal Arbitration Act and federal arbitration law apply to these Program Rules.

BY AGREEING TO THESE MERRY JANE REWARDS TERMS AND CONDITIONS, YOU GIVE UP YOUR RIGHT TO SETTLE ANY DISPUTES WITH MERRY JANE IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.

Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Use as a court would.

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: MERRY JANE, Inc., Attn: General Counsel, 1050 W Alameda Ave #546, Burbank, CA 91506. You agree that the arbitration will be conducted by either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. The AAA or JAMS consumer rules for arbitration, as applicable, shall apply.  The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable consumer rules.

As set forth above, we each agree to bring any dispute on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MERRY JANE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

CUSTOMER SERVICE:

For questions or assistance, just email us at support@merryjane.com 
Thanks for being one of our most valued customers.
Effective as of April 1st, 2021.